Subodh Abhyankar, J
They are heard. Perused the case diary / challan papers.
This is the applicant's first application under Section 439 of Criminal Procedure Code, 1973, as he / she is arrested in connection with Crime No.04/2023 registered at Police Station-Boda, Rajgarh (MP) for offence punishable under Sections 34(2) of the M.P. Excise Act.The applicant is in custody since 03.01.2023.
The allegation against the applicant is that he was also involved in the aforesaid offence wherein 60 bulk liters of unauthorized liquor has been seized from his possession.
Counsel for the applicant has submitted that the charge sheet has already been filed and the applicant is lodged in jail since 03.01.2023 and no other criminal case registered against the applicant and the final conclusion of the trial is likely to take a long time. Thus,it is prayed that the applicant be released on bail.
Counsel for the respondent / State, on the other hand, has opposed the prayer. However, it is not denied that no other criminal case has been registered against the applicant.
On due consideration of rival submissions and perusal of the case-diary, taking note of the fact that no recovery has been effected from the present applicant, this Court is inclined to allow the present application.
Accordingly, without commenting anything on merits of the matter, the present application for grant of bail is allowed. The applicant is directed to be released on bail on his furnishing a personal bond in the sum of Rs.25,000/-(Rupees Twenty Five Thousand only) with one surety in the like amount to the satisfaction of the Trial Court for his / her appearance, as and when directed. It is also directed that the applicant shall be abide by the conditions as enumerated under Section 437(3) of Cr.P.C.
This order shall be effective till the end of the trial, however, in case of bail jump, it shall become ineffective.
Certified copy, as per rules.
